VP Of EU Commission On Copyright Reform: 'I'd Sing You Happy Birthday, But I Don't Want To Have To Pay The Royalties'

from the copyright-problems dept

Neelie Kroes, the VP of the European Commission, recently gave a speech about rethinking copyright in Europe, which kicks off with a little joke about the ridiculousness of Happy Birthday still being covered by copyright:

Happy birthday to you all at the Institute for Information Law.

I would sing you "Happy Birthday". But technically I think the song is still under copyright — I don't want to have to pay the royalty.

Of course, whether or not Happy Birthday is truly under copyright is at the heart of a big legal fight, with significant evidence suggesting that the song is clearly in the public domain.

However, Kroes is making a larger point about the way we view copyright today, and how that does not fit with how the world works. As such, she suggests rethinking how a copyright system should work:

I start from principles. What should a sound EU copyright system do?

First, it needs to promote creativity and innovation. To encourage and stimulate innovative new works, new opportunities, new channels, new models. To enable the research that leads to new discoveries.

This is a great start, and it highlights a key point of copyright law: it is supposed to encourage those kinds of things. The problem is that very little research has actually been done to determine if it actually does that. Instead, it's often taken on the basis of faith that it must do that, without considering whether it really does, or if there are other limiting downsides to how it's currently done. Some people claim that I am somehow "against" copyright. Nothing could be further from the truth. I am happy to support a copyright system that has been shown to actually promote creativity and innovation. I've just seen very little evidence to suggest our current system really does that.

Unfortunately, Kroes' next point seems a bit off to me, though I understand why she's making it:

Second, it must remunerate and reward creators. That's not just about fairness. We expect creators to invest their time and talent. Of course reward, recognition, remuneration are essential: without them, the creative tap would fast stop flowing. I have always believed that.

But the current copyright system does not do it well. Not nearly well enough. Many creators scrimp by on a pittance, unable to find their full audience, unable to share or sell their works as widely or creatively as they want. Limitations and obstructions do nothing for creativity.

A few points on this. First, it seems to come from the incorrect assumption that copyright is a sort of "welfare" system for artists. That's not its purpose, nor how it was designed. Copyright itself has never "remunerated or rewarded creators." You can create all you want, and if no one likes it, all the copyrights in the world won't get you paid. It's the market that decides if you'll be rewarded for your creativity, and sometimes the market is cruel. It's possible that copyright can, in some cases, help create such a market, but to argue that copyright's job, alone, is to help get artists paid is misleading, as it leaves out the basic fact that that's never been the job of copyright. It may be an offshoot of the first point -- creating the incentives for creativity and innovation -- but to elevate the "help people get paid" point, dangerously positions copyright as more of a welfare system for artists, rather than as a tool for incentives in the market.

At the same time, the argument that "the creative tap would fast stop flowing" also does not seem supported by the data. At a time when artists keep complaining that it's harder and harder to get paid, we've seen an astounding explosion in new content being created. Part of the issue is, in fact, that the money being spent today is spread much more widely -- thus you have a lot of artists making that said "pittance," but it does not appear to have resulted in any decrease in creativity.

That said, I'm all for figuring out more ways for there to be more creativity, and if we can figure out ways to get more artists paid, that's a great idea. It's why I'm excited about new innovative services that helps drive that process forward. Platforms like Kickstarter, Patreon, YouTube, Bandcamp and more have created entirely new ways for artists to make money from their artwork. But, there's something important to note in all of that: almost none of those really are reliant on "copyright," and pretty much all of them would function in nearly the identical fashion without copyright.

Again, this is not to say that copyright is not important. It's to point out that it's faulty and dangerous to assume that copyright alone is the tool by which to get artists paid. It leads to poor policy choices that often ignore more interesting (and potentially lucrative) methods being developed in the market.

Third – it should enable a digital single market. Removing the barriers that get between artists and their audience, that prevent innovation, that shatter economies of scale. The EU's leaders are signed up to a full, vibrant digital single market. So is President-designate Juncker. Now they need to act on their ambitions – copyright is a major, essential part.

I'll leave this aside for the moment because it's a messy and complex issue in Europe that isn't quite as simple as some would like it to be. I agree that taking down barriers would help, but there is a lot of nuance at play in this particular issue.

And last: perhaps most importantly, the legal framework needs to take account of the needs of society. Users' interest and expectations matter alongside creators' rights. Rules cannot be impractical, uncertain, or unreasonable for ordinary users.

Indeed, this is the most important, but I think it also goes hand in hand with the first item on the list. If you take into account the needs of society, and make sure that copyright really does focus on incentives for creativity and innovation, then everything else in the system works out nicely.

But still, Kroes is absolutely right to note that today's copyright laws don't function well under these current principles, and because of that copyright itself is at risk of becoming irrelevant:

Every day citizens here in the Netherlands and across the EU break the law just to do something commonplace. And who can blame them when those laws are so ill-adapted.

Every day, startups, small businesses, scientists abandon innovative ideas because the legal fees are too great.

Every day, people bypass the copyright system using alternatives like open source: something which can lead to huge creativity, innovation, and richness.

Copyright risks becoming an irrelevance.

And Kroes further points out how it's not just that copyright is out of touch, but it may actively be harming the principles she states above:

The Internet gives enormous opportunities for artists and consumers. More direct access to a wider audience, and a wider range of content. New ways to share, spread, sell. New ways to reward and recognise. New ways for audiences to appreciate – getting what they want, when they want it. A good copyright system would help us achieve that. Today's does not.

Some examples.

When uncertainty prevents people remixing or creating their own content, how does that boost creativity?

When teachers are afraid to share teaching materials online, how does that help our society?

When a European Video-on-Demand provider tries to expand to new markets, but gives up because clearing copyright is so catastrophically cumbersome: how does that benefit our economy?

When consumers want to buy films or TV shows online but find they are geo-blocked: how does that benefit the fight against piracy? How does it benefit the artists whose works they could be watching?

When lovers of old films have to physically fly to a different country to see them, even if they're no longer in commercial circulation, how does that support European culture?

When museums have to take out insurance specifically against the risk of copyright lawsuits, because it's too complex and costly to figure out – how does that help promote European heritage?

When you can't sing happy birthday, or post a picture of the Atomium, how is that fair or reasonable, how is that something you can explain to ordinary citizens?

When European scientists have to abandon text or data mining because they can't afford the legal fees – how does that help innovation and scientific progress? And by the way that restriction is costing our economy tens of billions of euros.

I see no real winners in any of those cases. Creators lose out; innovators lose out; users lose out; our economy loses out. The system serves no-one. Solve those problems and I see only winners. We just have to jump over our own shadow.

As she then notes, it's basically impossible to explain copyright to the average "man on the street." Many now see copyright as "a tool for obstruction, limitation and control" rather than "openness, innovation and creativity." The speech is well worth reading, and has some very good points. I just fear that the focus on that second point -- of pretending that copyright is a tool for guaranteeing payments in a kind of welfare system, is part of what leads to the current problems of the system, and takes it away from those other key goals of benefiting the public. If the system is designed properly to benefit the public, it should automatically create incentives that help artists, whose work is in demand, get paid.

Filed Under: copyright, creativity, eu, europe, incentives, innovation, neelie kroes, progress, public

What Exactly Does The EU Plan To Do On Net Neutrality?

from the confused?-you-will-be dept

There are few areas in tech policy where the waters are so muddied as those swirling around net neutrality. That's as true for the EU as it is for the US. The latest statement by the person responsible for this area in the European Commission, Neelie Kroes, does little to clarify things.

First, she addresses the issue of blocking and throttling:

Huge innovation can be found online: we must safeguard it for everyone. Currently too many Europeans find that services are blocked and throttled by their internet provider. I believe every European should have access to the full and open internet, absolutely guaranteed, without such discrimination. And so I am coming forward with new rules to bring such practices to an end once and for all.

That's clear enough. But Kroes goes on:

I agree that the Internet is an important platform for freedom of speech; and that is why I intend to guarantee access without restriction -- the first ever time such a guarantee exists across Europe. But permitting premium services does not in any way restrict that freedom. For almost any kind of product you care to name -- from postal services to the petrol in your car -- having premium products hardly diminishes freedom for users: if anything it offers them more choices. If you decide not to pay that extra premium, of course, you still deserve a good product: and under my proposals, the "best-efforts" Internet will get better.

It's not at all obvious how "premium products" will magically boost the "best-efforts" Internet. On the contrary: if companies are allowed to pay for their IP packets to be given priority over "best-efforts" services, this will result in the latter be pushed into the Internet's slow lane. Net neutrality will be dead, and innovation threatened, because deep-pocketed incumbents will be able to promote their services at the expense of underfunded startups, or non-profit projects. Moreover, telecoms companies will have a perverse incentive to make that slow lane as bad as possible, in order to "encourage" people to pay for the "premium products" that offer a decent performance.

Kroes discusses the general issue of regulation:

if you aim to protect an open network, overregulation is exactly the wrong way to go. The fact is, many innovative new services depend on fast connections over IP networks. If you want to invest in (say) new videoconferencing equipment, an IP TV, or a new cloud computing contract, you will also want to know your connection will support it. If EU laws banned such quality guarantees, we would risk effectively outlawing many of those new services too.

Those in favor of net neutrality do not argue for "over-regulation"; instead, they want one very minimal rule: that all IP packets are treated equally for a given connection. If services need fast connections, then just upgrade the speed so that all applications benefit. Maybe that is what she means -- it's really not clear from her post -- but fast connections are not normally described as "premium products", and they are already available as part of most ISPs' standard offerings. So what exactly is the EU proposing to do here?

And for those who are worried about any kind of regulation, here's what someone who knows what he's talking about here -- Tim Berners-Lee -- said on the subject back in 2006, when net neutrality was under threat in the US:

Yes, regulation to keep the Internet open is regulation. And mostly, the Internet thrives on lack of regulation. But some basic values have to be preserved. For example, the market system depends on the rule that you can't photocopy money. Democracy depends on freedom of speech. Freedom of connection, with any application, to any party, is the fundamental social basis of the Internet, and, now, the society based on it.

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Filed Under: eu, neelie kroes, net neutrality

EU VP On Aaron Swartz: If Our Laws Hold Back Benefits From Openness, We Should Change Those Laws

from the still-waiting-for-the-others dept

As Techdirt has reported over the last ten days, the death of Aaron Swartz has provoked an outpouring of grief from friends and colleagues, who understandably wish to express their shock and anger at what happened. You'd expect that. What you might not expect is for a Vice-President of the European Commission to add her voice, but that's exactly what Neelie Kroes did this week. Her post is short, and worth reading in its entirety:

You've probably seen the terrible news about the death of Aaron Swartz. It's always horrifying when someone so young and so clearly talented feels they have no option but to take their own life. I know that this is something that shook the internet community deeply. And my thoughts are with his family, and what they must be going through right now.

This was a man who saw that greater openness can be good for citizens, and good for society. Hugely disruptive -- but hugely beneficial.

For me, the case is particularly clear when there aren't copyright issues, when information was already paid for by taxpayers, and when more openness can help new innovations and scientific discoveries.

I would never condone unlawful activity. But in my view, if our laws, frameworks and practices stand in the way of us getting all those benefits, then maybe they need to be changed.

Agree or disagree with his methods, Aaron could see the open direction we’re heading in, and its benefits. In the meantime, those scientists who are paying tribute by making their own work legally, openly available aren't just showing their respects -- they are also benefiting scientific progress.

Two points stand out there. First, the one regarding information "already paid for by taxpayers". That's a clear reference to the open access and open data movements, which seek to make precisely this kind of material available to all. In fact, the point that openness drives innovation and scientific progress is mentioned by Kroes not just once, but twice in her short post.

The other notable phrase is that "if our laws, frameworks and practices stand in the way of us getting all those benefits [of openness], then maybe they need to be changed". That's of a piece with her earlier frank comments about copyright being "a tool to punish and withhold, not a tool to recognise and reward," and her call for "flexibility in the system, not the straitjacket of a single model."

Given the stony silence from just about everyone in positions of power regarding Aaron Swartz's suicide, it's good that at least one politician had the decency to offer her condolences and admit that there's something seriously wrong with today's approach to sharing knowledge. It would be even better if more of her colleagues came to a similar realization and expressed it with equal honesty.

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Filed Under: aaron swartz, benefits, eu, laws, neelie kroes, openness, rules, scientific progress

EU Recognizes Need To Modernize Copyright, Announces Plan To Consider Reforms

from the necessary-reforms dept

It seems like the whole world is slowly coming to grips that our printing-press-era rules may not be the best way to stimulate creation and regulate information flows in hugely complex digital networks. The EU is now officially taking the lead in the worldwide discussions on copyright reform. This move may give much needed support to governments that have tried to touch on the topic, but for *some reason* withdrew or ignored good initiatives and advice.

Commissioner Barnier's recent speech about "Making European copyright fit for purpose in the age of internet" was a sign of hope, but closer inspection revealed that he was planning no more than some relatively predictable updates of the current rules. Although the gesture was nice, it was more likely a reframing of his untenable previous maximalist position and lacked any fundamental meaning.

It appears now that two colleagues of his, Neelie Kroes (Digital Agenda) and Androulla Vassiliou (Education and Culture), have expertly called Barnier's bluff and have taken the lead for full and much needed copyright reform. All three will sit on the board of a yearlong "structured stakeholder process", which will commence at the start of 2013. This exercise will assess whether "the market" is able to address the current deficiencies of copyright in the following six topics: "cross-border portability of content, user-generated content, data- and text-mining, private copy levies, access to audiovisual works and cultural heritage."

In 2014 the three Commissioners will sit down again together, analyze the findings and decide whether concrete policy action is needed. Fortunately, we can already note that, indeed, substantial legislative reform will be needed to address the four areas the Commission is focusing on, namely:

1) Mitigating the effects of territoriality in the Internal Market;
2) Agreeing appropriate levels of harmonization, limitations and exceptions to copyright in the digital age;
3) How best to reduce the fragmentation of the EU copyright market;
4) How to improve the legitimacy of enforcement in the context of wider copyright reform.

Note how the first three areas are surprisingly similar, if not the same thing. The European copyright structure is based on territoriality, so addressing these three points requires extensive reform from many angles and on many levels.

The fourth area of concern (legitimizing enforcement) is the Commission admitting that ACTA was a bad idea. The Commission, just like Congress in the US after SOPA/PIPA, both realize they need to tread very carefully with any proposal that has an effect on fundamental rights on the internet, or internet freedom,as it we now call it. This is where the civil society and the actors who joined forces to stop ACTA, SOPA and PIPA can now step up and present a positive and realistic agenda for reform. Let's not have the "copyright reform" movement be hijacked by special narrow interests who think they're getting clever now by reframing the debate.

While the open democratic discussion on copyright reform will not commence today, hopefully this is a move in the right direction, which should open a window of opportunity for meaningful reform. Knowing the European Commission and their talent for delay-tactics, especially on the copyright dossier, it's not likely we'll have any real copyright reform any time soon. However, we do now have a firm commitment from a major international government that the copyright system is in dire need of a very close inspection.

Hopefully the British will now feel supported in implementing the recommendations of the Hargreaves report. Perhaps the Dutch will also feel justified to proceed with the idea to make their copyright system more flexible. Overseas governments may also feel reinforced to open the discussions on their copyright systems and join the EU in finding the new way forward. But will the EU's move encourage the GOP to republish their recent insightful report on copyright reform?

Whatever the knock-on effects may be, there's much more work to be done than suggested in this initiative to analyze the workings of the copyright system properly and to come up with a model for meaningful reform. However, this initiative deserves close attention by all interested groups to help steer it in the right way.

Filed Under: androulla vassiliou, copyright reform, eu, neelie kroes

Is Neelie Kroes Implicitly Calling For Your Assistance For Copyright Reform?

from the you-go-girl dept

Neelie Kroes, the Vice President of the European Commission and politician in charge of the Digital Agenda, announced the impressive ambitions of the EU to support the ongoing technology revolution in a recent speech in Brussels. Repeatedly, she calls for radical reform of policy and public R&D investment. The speech shows once again that she and her team really understand the current transformation to a networked economy, which brings about “open, agile and collaborative” innovation and research. Kroes wants to accelerate and boost the potential of technology innovation by creating space for “disruptive ideas”. A few snippets:

“I want to try out support for truly open, disruptive innovation in ICT.”

“[…] remember that great innovation isn't about keeping the status quo: it's about challenging it. It's radical, disruptive, and sometimes non-linear – especially for emerging technologies. So let's make space for that in Horizon 2020.”

“We must update our policies and practices for the digital world”

How refreshing is that from a senior government official? Of course, she names and shames some barriers, which she intends to bring down. Notably, she mentions the policy incoherence of EU copyright, where the status quo strangles innovation (if you follow her implied logic from the speech). This is not the first time she mentions that copyright is doing more harm than good. She has criticized the system again and again. And again just the other day. And several more times in unofficial speeches.

It must now be getting obvious -- even for the layman -- that the copyright system is one of the biggest inhibitors of Mrs. Kroes’ ambitious and forward-looking agenda for positive technological change. Too bad the copyright office of the EU is not in her department, but in the department run by Mr. Barnier, who seems a little more hesitant to enact change. Perhaps it's because he has a top former IFPI lobbyist working for him? Perhaps Kroes’ frequent mentioning of copyright is an implied call for assistance to her audiences to help change Mr. Barnier’s mind.

I wonder how long it will take for civil society organizations to pick up on these hints. The current public interest in copyright policy after ACTA, SOPA and PIPA can now be called into action again to send a batch of friendly notes to Mr. Barnier, possibly with a few quotes from Mrs. Kroes’ speeches, urging him to develop new copyright legislation which should be discussed in open and transparent forums sooner rather than later. It would be a shame to let governments postpone legislative action until the public interest from the internet freedom movements subsides.

In any case, you may comment on Mrs. Kroes' speech or leave a reply on her blog to show your support and even make some suggestions of your own.

Filed Under: copyright, copyright reform, eu, neelie kroes

EU Commission VP Neelie Kroes Explains Why Copyright Is Broken: It Was Made In An Age Of Gatekeepers

from the times-have-changed dept

While the EU Commission has been much more copyright maximalist at times (it was the major driver behind ACTA in Europe), some on the Commission have been pushing back on such views for a while. Neelie Kroes, who is VP of the EU Commission and in charge of "the digital agenda," has been speaking out on these issues for a while. Last year, she pointed out that new business models, rather than greater enforcement was the right path forward. She's also spoken out against kicking people offline and in favor of open innovation and creation.

She's now given another talk on copyright issues, in which she notes that the world has changed a great deal in the last 14 years since Europe last reviewed proposals to update its Copyright Directive. While many maximalists would say the same thing and focus on the struggles of particular subsector -- the record labels -- Kroes properly notes that the real change (which is, in part, why the labels have struggled) is that the world has shifted from one in which gatekeepers control the means of production and distribution, into one where everyone can create and distribute works:

The last major EU copyright instrument, the Copyright Directive, was adopted in 2001. The Commission proposals it was based on date back to 1998.

Let's remind ourselves what's happened since then.

In 1998, Mark Zuckerberg was 14. Today, almost one billion people around the world actively use Facebook, to share photos, videos, and ideas.

In 1998, YouTube didn't exist. Today, one hour of video is uploaded every second.

In 1998, most people listened to music on the radio, CD or tape. Now digital downloads often overtake conventional sales. New technologies allow downloading or streaming; easily, instantly, wherever you are. Not just to passively listen, but to interact and give feedback, to creators and friends.

But changes are not limited to the content business, they affect all sectors. Huge changes have taken place in the research area. Today, new scientific discoveries don't just come from new experiments, new drugs, new clinical trials: in fact, now, we can get new results by manipulating existing data. Data and text-mining techniques now lie behind a huge field of research, like human genome projects, potentially life-saving. They could hold the key to the next medical breakthrough, if only we freed them from their current legal tangle. Research activities are not clearly exempted from the copyright rules and there are many different rules in the 27 member states.

And here's the most important change since 1998. Back then, creation and distribution were in the hands of the few. Now they are in the hands of everyone: democratising innovation, empowering people to generate and exchange ideas, supporting and stimulating huge creativity.

From there, she notes that copyright may be holding back the real policy issues that they should be focused on -- which isn't just about setting up a system for artists to earn money, but also to "stimulate creativity and innovation, improve consumer choice, promote our cultural heritage and help the sector drive economic growth." But, with copyright designed for a gatekeeper society, and focused solely on a system for certain artists to get paid, you have a broken system. As Kroes points out "you have to look at how [copyright] fits into the real world" and she notes that it's clearly lacking. Everywhere you look, copyright seems to be getting in the way of the important policy issues she mentioned, rather than helping them along:

Well for one thing, you often find that online licensing restrictions make it impossible to buy music legally. Sometimes, for example, you can't buy an MP3 across an EU border.

We have already made a proposal on orphan works and recently one on collective rights management, to make multi-territorial licensing easier. The licensing proposal is a good step forward to make it easier to legally access the music you love, especially across borders. I hope legislators are able to agree it quickly. But this tackles only one aspect of the problem.

Because there are other problems too beyond licensing or orphan works. That's why the June 'Compact for Growth and Jobs' makes clear we need to focus also on substantive copyright reform.

And quite right too. For example, I ask myself, are current copyright rules favourable to potentially life-saving scientific research or do they stand in its way?

Do they make it easier or harder for people to upload and distribute their own, new creative content? And is that the best way to boost creativity and innovation?

It seems clear that Kroes -- like many of us -- recognizes the unfortunate answer today is "no, copyright does not help those things, it makes it harder for individuals to create content and it's not the best way to boost creativity and innovation." This is why we're seeing countries finally start to look at true copyright reform, rather than just doubling down on a broken system.

Filed Under: copyright, creativity, europe, innovation, licensing, neelie kroes, real world

EU Commissioner Kroes: 'We Are Now Likely To Be In A World Without SOPA And Without ACTA'

from the she-said-what??? dept

Neelie Kroes gave a keynote speech at this year's re:publica conference in Berlin (disclosure: I spoke there too) that brought together many of the themes she has touched on recently -- the open Web, copyright licensing, the potential of open data, and the need to provide enhanced Internet safety for children. Interesting and important as all those are, they pale into insignificance beside the following comment she made:

We have recently seen how many thousands of people are willing to protest against rules which they see as constraining the openness and innovation of the Internet. This is a strong new political voice. And as a force for openness, I welcome it, even if I do not always agree with everything it says on every subject. We are now likely to be in a world without SOPA and without ACTA. Now we need to find solutions to make the Internet a place of freedom, openness, and innovation fit for all citizens, not just for the techno avant-garde.

Coming from one of the most senior members of the European Commission, which is still desperately trying to push ACTA through the European Parliament, that's an extraordinary statement; the question is: what does it really mean?

Some have suggested that this is an attempt to lull ACTA opponents into a false sense of security so as to allow the European Commission to work behind the scenes for ratification. But that seems unlikely: important though the re:publica conference is, such a statement from an EU commissioner there is hardly enough to trick many ACTA opponents into giving up.

Others would like to believe that the European Commission has finally come to its senses and recognized that the opposition to ACTA is too deep and wide to be overcome, and have accepted its inevitable defeat. Again, that is not really credible given the continuing attempts by the European Commission to persuade European politicians to support the referral of ACTA to the European Court of Justice, and to delay the vote in the European Parliament.

What it may indicate is a growing split in the European Commission between the pragmatists like Kroes, who have accepted that ACTA is doomed, even if they are not really very happy with that outcome, and the hardliners led by the commissioner handling the negotiations, Karel De Gucht, who are still fighting a rearguard action.

That fits with what we know about Neelie Kroes. For example, as Techdirt reported, she has come out in favor of copyright reform and against Internet disconnections -- two views that are probably not shared by all her European Commission colleagues. With her latest frank acknowledgement of ACTA's dwindling chances of being ratified, it would seem that, once again, Kroes is in the vanguard of accepting the reality of the digital world, rather than stubbornly fighting it to the bitter end.

Assuming that there is indeed a growing rift within the European Commission, that in itself is significant, because it represents a departure from the earlier position of presenting a unified front. Given that the European Parliament is also divided between the more realistic socialists, liberals and greens on the one hand, and the more recalcitrant conservatives on the other, it looks like a huge fault line is developing right through the European political machine. Against that background, it would seem increasingly unlikely that ACTA will now be ratified by Europe.

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Filed Under: acta, berlin, european union, neelie kroes, re:publica, sopa

EU Commissioner Kroes Speaks Out On Internet Openness; Says We Cannot Allow ISP Disconnects

from the say-it-again dept

EU Commissioner for the Digital Agenda, Neelie Kroes, has been saying a ton of smart things lately. A few months ago, we wrote about her pointing out that copyright is being used to punish & withhold and how copyright middlemen should get with the times and innovate, rather than looking to ratchet up enforcement.

Now she's continuing to speak more directly on the importance of openness online, including how it relates to copyright. It's not often you see a politician quote either the Free Software Foundation or leading thinker on these issues Yochai Benkler, but Kroes quotes them both in explaining the importance of openness:

Only the other day, the Free Software Foundation wrote to me about open standards. With their letter they enclosed something I don't normally get in the mail, a pair of handcuffs. Because they're worried about "digital handcuffs", and wanted to know if I am with them on openness. And the answer is yes. Let me show you, these handcuffs are not closed, not locked. I can open them if and when I want. That's what I mean by being open online, what it means to me to get rid of "digital handcuffs"...

[....]

Openness is also complex because sometimes it's unclear what it means.

For Yochai Benkler, it means, as he put it, that "it's open for anyone to create and innovate and share, if they want to… Because property is one mechanism of coordination. But it's not the only one." And he sees freedom as deriving from the extent to which actors can shift from one set of networks, from one way of doing things, to another. I agree: we need an environment where different models openly compete; and where people can openly choose.

Another thing she's clear on: openness can't mean kicking people offline, something she insists should not be allowed:

We cannot allow democratic voices to be silenced in that way. And I am committed to ensuring "No Disconnect" in countries that struggle for democracy. We must help such activists get around arbitrary disruptions to their basic freedoms.

Of course, that's talking about countries "struggling for democracy" such as those in the Arab Spring. But what about established democracies that are already putting in place laws to kick people offline -- like France with Hadopi? Hopefully she'll fight against such attacks on connectivity as well.

Either way, it's good to see that Commissioner Kroes continues to be committed to these issues. I had the pleasure of meeting Kroes a few months ago when she visited Silicon Valley, and I'll say that I was impressed not just by her knowledge, but by her willingness to dig deep into important issues concerning these kinds of policies. In an era where it seems like so many politicians only have a completely superficial understanding of how important the internet is, it's good to see someone in a high position who really does seem to grasp the significance of the internet, and how easily bad policies can do it harm. I don't always agree with her, but she certainly seems sincere in really pushing for true openness online.

Filed Under: free software foundation, internet freedom, neelie kroes, open standards, yochai benkler

EU's Advisor On Supporting Net Activists Previously Forced From German Government...By Net Activists

from the really-the-right-person? dept

The Vice President of the European Commission responsible for the Digital Agenda for Europe, Neelie Kroes, recently made quite a stir when she dubbed copyright "a tool to punish and withhold". Now she's back with two major projects: a pan-European open data stategy and the "No Disconnect Strategy":

European Commission Vice-President Neelie Kroes has invited Karl-Theodor zu Guttenberg, a former Federal Minister of Defence, and of Economics and Technology, in Germany, to advise on how to provide ongoing support to Internet users, bloggers and cyber-activists living under authoritarian regimes. This appointment forms a key element of a new "No Disconnect Strategy" to uphold the EU's commitment to ensure human rights and fundamental freedoms are respected both online and off-line, and that internet and other information and communication technology (ICT) can remain a driver of political freedom, democratic development and economic growth.

Of course, that's rather rich coming from a region where France already allows disconnections as punishments (HADOPI), and where the UK has legislation in place that will allow it to do the same (Digital Economy Act). But it turns out that the ironies are even deeper.

The reason that Karl-Theodor zu Guttenberg -- once seen as a likely successor to Germany's current Chancellor, Angela Merkel -- is no longer the Federal Minister of Defence, and of Economics and Technology, is that he resigned when it emerged that he had plagiarized significant parts of his doctorate.

After initial denials, Guttenberg was forced to admit the extent of his plagiarism thanks largely to a crowdsourced wiki called GutenPlag (original German) offering "collaborative documentation of plagiarism", which went through his thesis searching for passages taken from elsewhere without acknowledgement. In total, it claims to have found "1218 plagiarized fragments from 135 sources, on 371 out of 393 pages (94.4%), in 10421 plagiarized lines (63.8%)." There's even an interactive, color-coded visualization of what happened where.

Certainly, Guttenberg has been punished: as well as losing his position in the German government, he was also stripped of his doctorate. But his appointment as (unpaid) advisor to the "No Disconnect Strategy" raises a question. Is somebody whose downfall was mostly brought about by a website and its crowdsourced revelations really the right person to lead a project that aims to support online activists?

There is also the issue of Guttenberg's multiple copyright infringements. This was investigated with a view to charges being brought, but then, as Wikipedia explains:

In November 2011, the prosecution dropped the charges, having found 23 relevant copyright violations but only marginal economic damage. Guttenberg had to make a payment of 20,000 Euros to a charitable foundation, the court ruled.

In jurisdictions with extreme copyright laws, that "marginal economic damage" argument wouldn't be enough to protect those accused of infringement from prosecution or from being disconnected. So again the question has to be: is Guttenberg really going to understand what "No Disconnect" means to human rights activists living under authoritarian regimes when he got off so lightly himself?

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Filed Under: activists, eu, free speech, karl-theodor zu guttenberg, neelie kroes, no disconnect, plagiarism